The High Court granted anticipatory bail to the petitioner in a robbery case involving hurt. The petitioner undertook to waive the right to challenge the identification parade, cooperate with investigation, and not annoy the informant.
Order to release the petitioner on bail on arrest or surrender within six weeks, subject to conditions.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 8234 of 2023
Ashique Khan … Petitioner Versus The State of Jharkhand & Anr. … Opposite Parties
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. L.C. N. Shahedeo , Adv. For the State : Mr. Tarun Kumar, Addl.PP.
02 / 13.10.2023 Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Garhwa P.S. Case No. 292 of 2023 registered under Sections 394 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has committed robbery by causing hurt in the process of commission of robbery. It is then submitted that the allegations against the petitioner are all false and the petitioner is not named in the FIR and he has been implicated in this case on the basis of the confessional statement of the co-accused. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security. It is further submitted by learned counsel for the petitioner that the petitioner waives his right of being put in TIP and will not challenge his identification by any witness during the trial of the case on the ground that no proper TIP was held and also undertakes not to annoy or disturb the informant in any manner during pendency of the case and co-accused with similar allegations has already been granted privilege of anticipatory bail by this court vide order dated 09.10.2023 passed in ABA no. 7877 of 2023, hence, the petitioner be given the privilege of anticipatory bail.
The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.
Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 10,000/- as cash security and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Garhwa in connection with Garhwa P.S. Case No. 292 of 2023 subject to the condition that the petitioner waives his right of being put in TIP and will not challenge his identification by any witness during the trial of the case on the ground that no proper TIP was held, and further with an undertaking not to annoy or disturb the informant in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.
(ANIL KUMAR CHOUDHARY, J.)
Smita/-
1 issue framed by the court
Whether the petitioner is entitled to the privilege of anticipatory bail in an FIR registered for robbery causing hurt.
2 provisions across 2 enactments
Ashique Khan
The State of Jharkhand
ANIL KUMAR CHOUDHARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
